Angus Community Safety and Antisocial Behaviour ... - Angus Council

Angus Community Safety and Antisocial Behaviour Strategy 2009-12 | 25i. Fixed Penaly Notices (part 11) – empoweringthe police to issue Fixed Penalty Notices for arange of antisocial behaviour offences. Theseinclude:-• riotous behaviour while drunk in licensedpremises;• refusing to leave licensed premises whenasked to do so;• breach of the peace• going to the toilet in a place that causes,or is likely to cause, annoyance to anyother person;• being drunk and incapable in a publicplace;• continuing to play musical instruments,sing, play radios and so on after beingasked to stop;• vandalism/malicious mischief; and• drinking alcohol where it breaks a byelaw.Children’s hearings (part 12)Supervision requirements: conditions restrictingmovement - Section 135 introduced a new powerfor children’s hearings to set conditions restrictingmovement if a young person meets the criteria forsecure accommodation, as set out under section70 (10) of the Children (Scotland) Act 1995. If ayoung person meets the secure criteria, children’shearings will then consider whether a secureauthorisation or a condition restricting movementis the most appropriate optionSupervision requirements: duties of localauthorities - Section 136 of the Act requires localauthorities to carry out the decisions of children’shearings contained in supervision requirements. Italso allows the children’s hearings to ask thereporter to apply for an order from the sheriffcourt asking a local authority which has notcarried out its duty to do soFailure to provide education to excluded pupils -Section 137 gives the reporter and a children’shearing power to refer the case of a child who hasbeen excluded from school to Scottish Ministers ifit appears that the local authority concerned hasfailed to carry out its duty under section 14(3) ofthe Education (Scotland) Act 1980 to provideeducation to a pupil excluded from school.Short Scottish Secure TenancyThe Housing (Scotland) Act 2001 introduced theShort Scottish Secure Tenancy (SSST). They can beoffered to new tenants under certaincircumstances where a member of the householdhas been subject to an ASBO or where a memberof the household has had an order forrepossession awarded against them followingconviction for a criminal offence. They can also beused in circumstances where an existing tenanthas had become subject to an ASBO. The SSSToffers reduced security of tenure and incorporatesan agreed package of support. The support givesthe opportunity for rehabilitating the individual orfamily involved. Where there is no recurrence ofantisocial behaviour after 12 months, the tenancyconverts to a Scottish Secure Tenancy.